Question: I bought a property through Pag-IBIG, but it is occupied. What are my legal recourse?
Answer:
Discovering that your newly purchased property is occupied can be a stressful experience. In the context of Philippine law, you have various legal options available to assert your rights as the legitimate owner.
What Can I Do Initially?
The first step is usually to communicate with the occupants to inquire about their basis for staying on the property. You may opt to send a formal written notice asking them to vacate, and include a copy of your title or deed of sale as proof of ownership.
What Legal Actions Can I Take?
If the occupants refuse to vacate, you can file an ejectment case against them. There are two kinds of ejectment cases you can consider: "Forcible Entry" and "Unlawful Detainer," depending on how the occupants came into possession of the property.
How Do I File an Ejectment Case?
To initiate an ejectment case, you'll need to file a complaint with the Municipal Trial Court (MTC) that has jurisdiction over the property. Prepare supporting documents like the deed of sale, any notices you've sent, and proof of ownership such as a land title.
Can I Claim Damages?
Yes, you can claim for actual damages, moral damages, and attorney’s fees depending on the circumstances. These would be detailed in your complaint and substantiated throughout the case.
What Happens After Court?
If the court rules in your favor, a writ of execution will be issued to enforce the decision. The local sheriff will then formally eject the occupants from your property.
What About Pag-IBIG’s Role?
It's also advisable to inform Pag-IBIG about the issue, as they
may have certain guidelines or assistance for situations like this. They could offer mediation services or even have protocols for resolving such conflicts.
Conclusion:
Dealing with occupants in a property you purchased through Pag-IBIG can be legally complex but is manageable with the correct procedures. Proper documentation, timely filing of an ejectment case, and cooperation with Pag-IBIG can go a long way in resolving this issue. Consult a legal professional for tailored advice suited to your specific circumstances.